HB2390

Report Title:

Medicating Students

Description:

Requires board of education to adopt policies to prohibit school personnel from recommending psychotropic drugs. School medical staff not prohibited from recommending an evaluation. Parents refusal to administer psychotropic drug is not grounds to place child into state custody.

HOUSE OF REPRESENTATIVES	H.B. NO.	2390
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII

A BILL FOR AN ACT

 

relating to medicating students.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part .

common sense in medicating students act

§302A-A Title. This part shall be known and may be cited as the Common Sense in Medicating Students Act.

§302A-B School personnel; prohibition. The board shall adopt and implement rules prohibiting any school personnel from recommending the use of psychotropic drugs for any child; provided that this section shall not prohibit school medical staff from recommending that a child be evaluated by an appropriate medical practitioner, or prohibit school personnel from consulting with the practitioner with the consent of the parents or guardian of the child.

§302A-C Parental and guardian protection. The refusal of a parent or guardian having control of a child to administer or consent to the administration of any psychotropic drug to the child shall not, in and of itself, constitute grounds for the department of human services to take the child into custody or for any court of competent jurisdiction to order that the child be taken into custody by the department of human services, unless refusal causes the child to be abused or neglected as defined in section 346-1."

SECTION 2. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________